A thought on Parshas Ki Seitze
"...ki kil'a'las Elokim talui..."
"...for cursed Above is the one who must be hung..." (21:23)
There were cases in the history of halacha when the Great Court would execute an offender and his corpse would be hung briefly. There was a time limit to that last phase, however, for the Torah tells us here that a hanging corpse defiles his surroundings at many levels.
There are a number of drashos associated with the wording of this verse. Rabbeinu Avigdor introduces one which will delight my wife's safety-conscious heart. He first brings a historical note: the paradigm in Biblical history for death by hanging is Haman in Megillas Esther. Haman was from Amalek, a nation who we are bidden to blot out. In that sense, Rabbeinu Avigdor now darshans that we might understand our verse as an allusion to how "the one who was hung (Haman) is cursed."
Rabbeinu Avigdor now fortifies this with the Yerushalmi (Megilla 3:7) that instructs us that one must declare on Purim that Haman is cursed. He then makes note of how our verse is contiguous to the reference in the section on ben sorrer u'moreh which speaks about the wayward person's overindulgence and drunkenness. He then observes how the Bavli (Megilla 7b) instructs that one is obligated "l'b'sumae" on Purim, which is usually understood as a requirement to get drunk. This would all fit in to the gestalt of hung person, cursed person, and drunkenness. Hence, the halachic follow-through would be that on the day when we must curse Haman the Hung, we must also indulge in a meat meal and alcohol.
So far, we have a taste of Rabbeinu Avigdor the Posek and the Darshan. Now, however, he becomes the MeDakdek - the precise grammarian. We note that in the Sha'iltos (a very early Gaonic work on halacha), the word used to describe our Purim obligation is "l'iv'sumae" which means to get drunk. However, observes Rabbeinu Avigdor, this may be an incorrect spelling, since in our gemara above, our text says l'b'sumae. This latter spelling is not reflexive. It means "to help other people celebrate" (through drinking). It stands to reason, asserts Rabbeinu Avigdor, that the Talmud would not obligate a person to get drunk himself, since a person cannot really do mitzvos nor enjoy himself if he is drunk and disoriented. So, the obligation is to take joy in letting others drink and celebrate, but for a wise and happy person to remain composed himself. The head of the house maintains composure and focuses on the fulfillment of the more cognitive and behavioral aspects of the day. Rabbeinu Avigdor rules that a person who is wise and happy will allow others to indulge while he remains in charge and in control. He is the designated supplier. There may be no basis to the notion that the goal is to become inebriated and raucous. Overindulgence and wild intoxication remain, as the earlier verse says, zolel v'sovae - a disgrace.
Good Shabbos. D Fox
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